Tag: Guardianship

Jun 11 2023

Protect Your Rights With a Guardianship AttorneyProtect Your Rights With a Guardianship Attorney

When an elderly or disabled family member becomes incapacitated, it is often important for someone else to step in and take on the responsibility. While Power of Attorney forms can be used for these purposes, in some cases, a legal guardianship may be necessary. If you have questions about a guardianship, it is important to seek the advice of an experienced Chicago Guardianship Attorney in IL.

The legal process for becoming a guardian of an adult is initiated by filing a petition with the court that includes basic personal information and a report on the person whose condition you are seeking to become a guardian for. The court may also appoint a guardian ad litem or other special investigator to examine the individual and prepare a report to be presented at the hearing. The respondent, who is the individual for whom you are seeking guardianship, must be personally served with summons and a copy of the petition. The hearing will usually be held within 30 days after the service. A lawyer should be retained to file the petition and provide representation at the hearing, especially if the case is contested.

Our firm has extensive experience in representing individuals requiring or wishing to obtain a guardianship of a minor or an adult. We frequently handle a variety of these cases, including situations in which the parents are deceased or unable to care for their children due to incarceration, drug addiction, physical disabilities or mental illness. Our attorneys can assist you with preparing the appropriate documents and submitting them to the court, in addition to advising on your best course of action for guardianship.

Guardianship of a child is normally granted to one of the biological parents or to a close relative, such as a sibling or aunt or uncle. In cases where a parent is not capable of providing care for their child, or where the parents do not agree on how they want their child to be raised, a legal guardianship is possible. It is often wise for parents to consider this in advance of the child reaching adulthood.

Guardians of adults are typically limited in scope and duration to ensure the ward is not taken advantage of, for example, when it comes to making financial decisions. In some instances, a guardian’s authority may be revoked if they have committed certain crimes or are not able to meet their basic needs.

A legal guardianship can help a family member or friend manage the day-to-day responsibilities of an individual and make healthcare or financial decisions on their behalf. In the event that an individual is unable to make their own decisions, they can be declared incompetent by a judge in a guardianship proceeding. Our firm can advise you on alternative methods for taking care of your loved ones, such as establishing a special needs trust in which they can receive adequate funds to ensure a high quality of life without putting medical and other benefits at risk.

Feb 18 2021

Probate Law: Estate Planning, Administration and Appointment of GuardiansProbate Law: Estate Planning, Administration and Appointment of Guardians

Probate of wills is a legal term referring to the official procedure for recording, settling and executing wills, said probate and elder law lawyer in Miami. Wills records prepared by state officials for the testator who dies. In general, will procedures are applicable in all states that use the same testator rules. In addition, probate of wills often involves the involvement of representatives of the decedent’s heirs, including creditors and estate planners.

In general terms, wills are recorded in duplicate in the county where the testator resided prior to his death and recorded in the same county where the decedent died. However, the probate court in each jurisdiction has its own procedures for recording and executing the same. Some jurisdictions also allow for will exchanges in which one testator signs an instrument with another or states that the testator has fully paid his/her debts to others. It is necessary to record the testator’s name under the appropriate heading as part of the will. While the use of names other than the testator’s, especially in the case of initials or nicknames, is common in many probate jurisdictions, it is not necessary to use legal titles.

In legal terms, “testimony” refers to any oral statement, whether oral or written, concerning the testator’s affairs which may be used as evidence at any later stage in the probate of wills proceedings. Testimonials may be based on information learned from others, hearsay and even dreams. While a few states recognize a will as having been executed in state court if there is no probate action, the majority of states recognize a will as a legally binding document and require an oath of the parties to a testator’s act. Generally, a legal representative of the decedent’s estate presents the sworn statement at the testator’s expense to a probate court, whether or not the testator is present.

There are also some states that allow the testator or his estate to appoint an agent to control certain aspects of the estate during the administration of the will. Such an agent may have the responsibility for distributing the assets to beneficiaries and for the collection of monies owed to them. This aspect is important in limited liability situations because the testator may be personally probate and elder law lawyer in miami liable for the actions of the agent or his estate. This is not the case in all jurisdictions however and is a question that must be considered on a case by case basis.

Estate planning is an essential component of estate tax planning and must be undertaken as a part of any estate plan. In order to successfully revokes a will, a testator must be in financial difficulty, there must be a substantial uncertainty about the future of the testator’s estate and the testator must be in compliance with applicable estate tax laws. Some jurisdictions refer to a will as a “power of attorney” and others to a “writing of trust.” The term will does not imply that the document itself is invalidated by the federal law, it simply provides for the existence of a prior written document that was not properly executed under the provisions of the law.